Gardendale, TX Estate Planning Law Firms & Lawyers

Write out your wishes in your own writing, date it and sign it, and you are done. Make sure that everyone knows where to find your Will in the event of your death. (This is not the BEST way to make a Will.) It is the cheapest, however. An attorney can advise you as to whether there are better planning tools available for you. Many people prefer to avoid probate, for example, and you cannot do that with a Will.

Generally no, the family is not responsible, but assets remaining in father's estate might be, depending on value. The question discusses death benefit as if that is the only asset. If that is the case, the death benefit is not an asset of his estate and may not be assessable for payment of the father's debts. Also, if mother/wife or children signed any documents agreeing to be responsible for father's debts, then it would be those agreements, not the law, that would make them responsible.

Generally speaking, you can get control over an estate, even if you live in a different state. For a probate estate, most states allow an executor/trustee to be a non-resident, but they may require a supplemental, local executor/trustee to be appointed to assist you in handling certain real estate and financial transactions. However, it appears from your question that your father is still living, so I assume this would a guardianship estate. Guardianship estates can be split into two - one for control over the person (i.e., making decisions about their health, living environment and general care), and the other is for control over their financial estate. Most states, Illinois included, require that the guardian for the financial estate be located in the same state as the ward. You may need to find someone locally to act as this guardian. There are professional organizations that provide these services, such as a trust company (i.e., Northern Trust). This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. Please consult a local probate lawyer for legal advice that is tailored to your facts and circumstances.